Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-06-10
INTERSTATE COMMERCE.
Reasons for the Apparent CompIacency
of the Great Railroads Under the
Interstate Commerce LaW,
The Belief by 10 Scans Uncommon that
the Supreme CoHrt VII Declare
the Law Unconstitutional.
The Chicago and Grand Trunk Railway
Company Explains Why 1t Hes
Issued Mileage Tickets.
INTER sTATE COMMERCE.

Special to the Gazette.
WASHINGTON, June "a matter of
great importance which is receiving con-
81 cradle attention and discussion is the
apparent comp!acenCy CT the great rail
roads of the country under the operation
OF the interstate commerce law. This
COmplaCenCy is accounted for by far-
sighted expectation based upon ideas and
opinions, chief among which are the fol-
lowing:
There are numerous prominent lawyers
and able statesmen who adhere to the
opinion that the President had no right
to appoint the inter state commerce
commissioners without the advice and
consent of the Senate, the opinion OF the
AttOrney-Genersl to the contrary not
withstanding. The distinction is thaa
they were new Offices and should have
been filed by appointment by the Presi-
dent by ana with the advice Of the Sen
CITE US expressly required " the terms Of
the interstate commerce act. The Oh
jeCtOTs contend that the President has
exceeded his constitutional power, which
power is in these terms: The Presiden.
shall nominate, and by Gnd with the al
viCI and consent Of the Senate shall aD-
point all Cfliser OF the United States,
whose appointments shall be established
By law The President shall have DOW er
to Ill up al vacancies that may happen
during the recess Of the Senate by giving
commissions which shall expire at the
end Of their next session. Great stress
Is laid upon the assertion that as the Of
fees of the Interstate commerce are new
Offices the President had n0lcgal right to
| fill them without the legal advice and
consent Of the senate; That the places
were not vacancies according to the in
depreciation of that word as repeatedly
given by the senate, or. even if they be
conceded 20 be vacancies, they did not
happen during the recess Of the sensle.
! Tney existed tWeuty-seVen days while
congress Yves ia session, as the PresiGen-
approved the Get TO regulate commerce
Oh February and congress remained in
session until noon Of Marca +.
As reminder to the executive the set
in express terms requires tlSt the pro-
visions relating TO the appointment and
organization Of the commission herein
provided shall take effect Immediately,
but as is we'll known the President did
not appoint The commission until after
Congress expired.
Another significant point in this con-
neCtiOn is that eX-Sena or Boutwell, eX-
/ presses the opinion That when the ques-
ton OF tue cUnstilutiOnSlity of the inter
| state commerce law snail have been
| brought squsreLy before the Supreme
court of ths United States Tor adjudiCa-
ton, the latter will crush out the anaia-
gOus, hybrid, extra legislative, extra eX-
ecu;ivr, extra Judicial tribunal, by de-
caring 1t unconstitutional
ONE ROAD ANSWERS ANOTHER,
WASHINGTON, Jane 6.-An answer was
received this morning By the Interstate
commerce commission, from the Chicago
and Grand Trunk RailrGad Company, 10
the complaint Of the Michigan Central
Railroad Company against it for selling
tickets to commercial travellers at lower
rate than that given to the public general
ly. The Chicago and Grand Trunk Railroad
admits the sale Of tickets and other facts
stated by the complaint. II holds that
the form of tickets sold commercial tray
elers is in the nature of 3 special contract
by which the company is relieved from
some part OF the liability subject to which
it transports other passengers, and il is
claimed this limitation constitutes Sutii-
Cient reason for the discrimination in
favor of commercial travellers. II is also
stated that these travellers constitute q
distinct class of the railroad travelling
public, generally riding short distance
ct time and visiting number of places
Of business on the line of the
road, often gong from one station to
another by freight trains, and altogether
travelling very much more than any class
of people. They also create q larger
freight traffic over the roads by the sales
they make at the places along the road.
In view of these considerations it is con-
tended that the provisions of the inter
state law do not apply to mileage tickets
sold commercial agents. Substantially
the same answer is made to q similar
complaint againt the Chicago and Grand
trunk by Louis harrison.